The blog of ObiterJ - responsible and sometimes critical comment on legal matters of general interest. This blog does not offer legal advice and should not be used as a substitute for professional legal advice.
'The life of the law has not been logic; it has been experience. The law embodies the story of a nation's development...it cannot be dealt with as if it contained the axioms and corollaries of a book of mathematics' - (Oliver Wendell Holmes - 1841 to 1935). Pro Aequitate Dicere

Sunday, 30 July 2017

Inquiries ~ some updates

Grenfell Tower Update:

The Grenfell Tower Inquiry continues to consult regarding the Terms of Reference. The consultation period was extended to 4th August 2017 - Grenfell Tower Inquiry website. The "Inquiry Team" has been appointed. Richard Millett QC is Counsel to the Inquiry. He has extensive experience of handling
complex commercial disputes in a range of specialist areas, with an
emphasis on advocacy in court, arbitration and other tribunals. Mr Millett will be assisted by Bernard Richmond QC and Kate Grange QC.

A project to refurbish Grenfell Tower was completed in May 2016 and the work included the external cladding - see this announcement by Rydon - "Rydon has completed the refurbishment to Grenfell Tower for
Kensington & Chelsea Tenant Management Organisation (KCTMO),
upgrading the 24-storey 1970s building as part of a £67m borough-wide
regeneration. The £10m project included extensive remodelling of the bottom four
floors creating nine additional new homes, improved communal facilities
for the residents, and improved spaces for two local businesses.
Externally, rain screen cladding, replacement windows and curtain wall
façades have been fitted giving the building a fresher, modern look. All
of the remodelling & refurbishment works were completed with
residents still in occupation on the upper twenty floors."

It has been reported that the Metropolitan Police Service has said that there are "reasonable grounds" to suspect that CORPORATE manslaughter may have been committed - BBC News 27th July. This has been confirmed in a brief statement issued by the Kensington and Chelsea Tenant Management Organisation Ltd (KCTMO) and also in a statement by the Royal Borough of Kensington and Chelsea - HERE.

At least one MP - Emma Dent Coad MP - is claiming that Kensington and Chelsea Councillors involved in the refurbishment cannot remain in their roles - Independent 28th July. In 2006 Dent Coad became a Councillor in the Royal Borough of Kensington and Chelsea. She was a council appointed member of KCTMO from 27th June 2008 until 31st October 2012. In June 2017 she was elected to Parliament as MP for Kensington.

On 11th July, the Prime Minister announced that there would be an inquiry into how contaminated blood infected thousands of people with Hepatitis C and HIV during the 1970s and 80s - Government announcement 11th July and The Guardian 11th July. As things currently stand, The Department of Health (DoH) is the sponsoring department
for the inquiry and are leading on the establishment of the inquiry
including the consultation on its scope and form.
The Parliamentary Under-Secretary for Health Jackie Doyle-Price faced questions from MPs in the House of Commons on Thursday 20 July 2017
mainly focusing on the involvement of the Department for Health into
the inquiry. Ms Doyle-Price told MPs that the government has made no
final decision on the scope or format of the inquiry, or its leadership.
However, she said that it is normal practice for public inquiries to be
sponsored by the relevant department.

The former bishop of Liverpool who chaired the Hillsborough Independent Panel has
been drafted in to help save the contaminated blood inquiry, which is being boycotted by hundreds of victims infected with HIV and hepatitis C. The Right Rev James Jones has been asked to break the stalemate by
hosting talks with victims. They were given contaminated blood by the NHS and they lack trust in the Department of Health (DH) to set up an independent investigation - The Guardian 26th July 2017.

Leigh Day Solicitors 24th July 2017 said - "The whole process from the initial consultation stage until the end of
the inquiry must be open and transparent and must be seen to be open,
transparent and unbiased. Having DoH leading, even during the dialogue stage, will not achieve
this. The whole process must have the total confidence of those
affected from start to finish in order to provide a proper investigation
into this scandal. It is vital that an independent government department is put in charge of the inquiry as soon as possible.”

An ex gratia payment scheme is in place and was reformed in 2016. A man who was infected with the Hepatitis C virus (HCV) from
contaminated NHS blood was granted permission on 30th January by the High Court to
bring judicial review proceedings in relation to the government’s discretionary payment scheme. He considers that scheme is
discriminatory because those infected with HCV are paid less that those who
contracted HIV from the blood - see Leigh Day Solicitors 15th February 2017.